Traduction de «Juge nommé par l'autorité provinciale » (Français → Anglais) :

The cynicism lies in the fact that it is provincially appointed judges, not federally appointed judges, who hear the overwhelming bulk of criminal cases in Canada.

21. Considers that the independence of the ECB, including the procedure for appointing the members of its Executive Board, has proved its worth; stresses that Article 112(2)(b) of the EC Treaty provides for the members of the Executive Board to be appointed from among persons of recognised standing and professional experience in monetary or banking matters, and emphasises that their nationality should be irrelevant and that they will continue to be judged by the strict criteria set out in the EC Treaty, such as that of their qualifications; considers that ex-ante democratic accountability and transparency would improve if the Council evaluate ...[+++]d several potential candidates and if the candidate proposed by the Council were then subject to a vote of approval by Parliament;

21. Considers that the independence of the ECB, including the procedure for appointing the members of its Executive Board, has proved its worth; stresses that Article 112(2)(b) of the EC Treaty provides for the members of the Executive Board to be appointed from among persons of recognised standing and professional experience in monetary or banking matters, and emphasises that their nationality should be irrelevant and that they will continue to be judged by the strict criteria set out in the EC Treaty, such as that of their qualifications; considers that ex-ante democratic accountability and transparency would improve if the Council evaluate ...[+++]d several potential candidates and if the candidate proposed by the Council were then subject to a vote of approval by Parliament;

However under the Federal Court Act and the Tax Court of Canada Act eligibility for appointment to each of these two courts is limited to persons who have 10 years at the bar or who are already federally appointed judges (1640) Since the time served as a provincially appointed judge does not count toward eligibility for appointment to the federal court or the tax court as it does for appointments to the provincial, superior and appellate courts, this historic anomaly effectively disqualifies from appointment to these two courts any provincial court judge notwithstanding his o ...[+++]r her extremely high qualifications who had practised law for less than 10 years prior to his or her appointment to the provincial court.

The amendments to the Federal Court Act and the Tax Court of Canada Act are being given retrospective effect so as to place the validity of the appointment of a judge appointed in 1990 and another appointed in 1995 beyond any possible doubt regardless of how one interprets the provincial laws governing the status of those judges continuing membership in the bar while they were provincial judges.

(6) In Quebec, the provincially appointed Court of Quebec tries such cases when the accused has elected to be tried by a judge without a jury.